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Krishna Gopal Rastogi vs Ram Gopal Rastogi & Ors.

High Court Of Judicature at Allahabad|31 May, 2021

JUDGMENT / ORDER

1. The case is taken up through Video Conferencing.
2. Learned counsel for petitioner undertakes that he shall remove the defects pointed out by the Registry within a period of ten days of the withdrawal of lock-down restrictions.
3. Heard learned counsel for petitioner and learned Standing Counsel for State-respondents.
4. Petitioner has approached this Court as his injunction application in Regular Suit No.1445/2019; Geeta Rastogi and others vs. Ram Gopal and others is pending before the court of Civil Judge (Junior Division), Sadar Faizabad since December, 2019.
5. Learned counsel for petitioner states that grievance of the petitioner is that despite such a long period having expired interim injunction application is not considered as yet.
6. This Court has already directed to all the subordinate courts to ensure disposal of interim injunctions within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:- "From, Mohd.Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad To, All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad.
C.L. No. 24/Admin. 'G-II' Dated: Allhabad 16.08.17 Sub: Time bound disposal of interim injunction application.
Madam/Sir, Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirt Yours faithfully, (Mohd. Faiz Alam Khan) No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"
7. The Court below was required to adhere to the direction of this court in the aforesaid circular and decide the injunction application within a period of six months. Much more time has expired. Therefore the court concerned shall proceed and decide the injunction application pending in the aforesaid suit on priority basis without any further delay.
8. It is expected that the court concerned shall endevaour to decide the same within a period of six weeks from the day lock-down conditions are relaxed.
9. With the aforesaid, the present writ petition stands disposed of.
Order Date :- 31.5.2021 Shubhankar
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Title

Krishna Gopal Rastogi vs Ram Gopal Rastogi & Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
31 May, 2021
Judges
  • Vivek Chaudhary